The violations alleged by a plaintiff in his complaint and the bill of particulars either did not provide a basis for liability under Labor Law Section 241(6) or are inapplicable to the facts of this case, the New York 2nd Judicial Department appeals court decided.
The action alleged violations of 240(1) and 241(6) by defendants Nattie Santos, Ruby Santos, and Edmund Santos. The trial court denied their cross appeal seeking dismissal of the allegation, and the appeals court reversed.
The court in Rivera v. Santos, 2006-07049, 12/19/06, decided a case with the following facts:
The plaintif...
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